High Court Patna High Court - Orders

Ravi Atal &Amp; Anr vs Smt.Ganga Devi on 21 April, 2011

Patna High Court – Orders
Ravi Atal &Amp; Anr vs Smt.Ganga Devi on 21 April, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        C.R. No.242 of 2009
                        RAVI ATAL & ANR
                               Versus
                        SMT.GANGA DEVI
                              -----------

10/ 21.04.2011 I.A. No.1826 of 2011

In compliance of order dated 01.04.2011,

an affidavit has been filed on behalf of the

petitioners on 13.04.2011 stating therein that all the

directions issued by this Court by the aforesaid

order dated 01.04.2011 have been complied with.

Though, a counter affidavit has been filed

by the sole opposite party, but assertions made on

behalf of the petitioners in the said affidavit have not

been disputed. Now, only grievance of the opposite

party is that the present Civil Revision application

arises out of eviction suit, which was filed in the year

1997, and it has not been listed for final hearing.

Therefore, in the submission of learned counsel for

the opposite party, matter is required to be heard

and disposed of at an early date.

Apparently, the present Civil Revision

application has been admitted for final hearing by an

order dated 31.07.2009. The order passed by this

Court on 01.04.2011 has been complied with by the
2

petitioners. In that view of the matter, the further

proceeding in Execution Case No. 4 of 2009

pending in the court of learned IIIrd Munsif, Patna

shall remain stayed during the pendency of the

present Civil Revision application.

However, in view of the nature of dispute

involved in the present proceeding, arising out of a

suit for eviction on the ground of personal necessity,

this Court deems it fit and proper that the matter

should be ordered to be listed under the heading for

hearing at an early date. It is ordered accordingly.

Let the Civil Revision application be listed

for final hearing in the week commencing on 16th

May 2011 amongst top five cases.

However, it is clarified that the petitioners

shall keep on depositing the monthly rent in

advance by 7th of each month, through a challan

before the learned executing court, and the opposite

party shall be at liberty to withdraw the said amount,

after having obtained an order passed by the

learned executing court.

( Birendra Prasad Verma, J.)

Anjani/